The Right to an Effective Representation Includes Competent Appellate Advice

On Friday, March 25th, the Kansas Supreme Court in State v. Shelly, No. 109,292 and State v. Perry, 109,506 clarified that a defense lawyer's duty as adviser extends past trial/plea and sentencing, to that brief period after sentencing when the client must decide whether to file for appellate review in the Court of Appeals or in the Supreme Court.  A lawyer does not fulfill his or her duty in this regard by simply telling the client (1) "appeals never work," or (2) "there's nothing here to appeal."  Instead, these cases from the Kansas Supreme Court require defense attorneys to explain exactly what types of issues can or cannot be appealed from the client's trial/plea and/or sentencing, and why or why not an appeal ought to be filed.  Only upon receiving informed advice and counseling will a client's initial decision to forego an appeal be held against the client who later files for an appeal beyond the initial deadline for doing so.

To me, this means two things:  For potential Kansas clients, do not ever assume your case is closed.  Instead, call this office or another experienced appellate/post-conviction attorney who can evaluate whether your appellate rights can be resuscitated.  And for practicing Kansas attorneys, in instances where you believe that no appeal ought to be taken but the client is wavering or in disagreement, file the Notice of Appeal immediately (due within 14 days from the date the sentence is pronounced from the bench, as opposed to the later filing of the journal entry), and simultaneously file a motion to withdraw.  That way, the client's right is exercised, but a new lawyer will be appointed to either dissuade the client, or pursue the appeal you had no interest in litigating.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.